California Rules of Court, Rule 3.110(b) – Time for Service of Complaint
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California Rules of Court, Rule 3.110(b) – Time for Service of Complaint
California Rules of Court 3.110(b)
(b) Service of complaint
The complaint must be served on all named defendants and proofs of service on those defendants must be filed with the court within 60 days after the filing of the complaint. When the complaint is amended to add a defendant, the added defendant must be served and proof of service must be filed within 30 days after the filing of the amended complaint.
Rule 3.110 amended effective July 1, 2007; adopted as rule 201.7 effective July 1, 2002; previously amended and renumbered effective January 1, 2007.
California Rules of Court 3.110(b) Summary
This rule governs the timing for filing proofs of service when a new party is added to the case. Specifically:
When a new party is joined or added, the plaintiff must serve the new party and file proof of service within 30 days after the party is added.
What Does the 60-Day Service Deadline Mean?
After a plaintiff files their complaint:
They have 60 calendar days to formally serve all defendants (individuals, companies, public entities).
The court expects a proof of service to be filed by that 60-day deadline.
If service hasn’t been completed or documented by that date, the court may issue an Order to Show Cause (OSC) asking the plaintiff to explain the delay.
Consequences of Failing to Comply with Rule 3.110(b)
Failure to meet this deadline can lead to serious penalties, including:
Case dismissal (without prejudice or, in rare cases, with prejudice)
Sanctions (fines or attorney fee awards)
Loss of leverage in litigation
Delays in getting a trial date or proceeding with discovery
Courts take timely service seriously and they expect plaintiffs and their attorneys to be diligent.
Purpose
To ensure that all parties are promptly informed of their involvement in a case and that the court has a clear record of who has been served. This facilitates orderly litigation and helps avoid procedural delays due to unserved or improperly added parties.
Real-World Example
Let’s say you file a personal injury lawsuit on January 1. Under Rule 3.110(b), you must serve all named defendants by March 1 and file a proof of service. If you’ve only served some of them or haven’t filed anything by that date, the court may schedule a hearing and issue sanctions — or dismiss your case altogether.
Real-World Example - Difference Between Rule 3.110(a) and Rule 3.110(b)
- Rule 3.110(a) covers when a plaintiff must serve the summons and complaint generally (first appearance deadlines).
- Rule 3.110(b) focuses on the timeline for serving all named defendants and filing proofs of service with the court.
They work together to ensure cases move forward efficiently.
Why This Rule Matters in Personal Injury Cases
In injury litigation, quick and proper service is critical. Insurance companies, corporate defendants, and government entities often look for any procedural mistakes to delay or dismiss cases. Rule 3.110(b) ensures that all parties are brought into the case early and that litigation can proceed on time.
Need Help with Service Deadlines or Civil Procedure?
Missing a procedural deadline like Rule 3.110(b) can jeopardize your entire case. Whether you’re filing a complaint or responding to one, our attorneys ensure full compliance with California’s strict court rules.
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